THIS A. O. Smith Pro-Size SIZING WEBSITE (the "Website") IS A TOOL THAT CAN BE USED TO ESTIMATE WATER
HEATER REQUIREMENTS FOR MANY COMMON APPLICATIONS. THE WEBSITE IS INTENDED TO ASSIST IN SELECTING
WATER HEATERS OR BOILERS THAT BEST MEET THE SPECIFIC JOB REQUIREMENTS. IT IS THE SOLE RESPONSIBILITY
OF THE SYSTEM DESIGNER TO SELECT THE CORRECT PRODUCTS NEEDED FOR THE SPECIFIC APPLICATION. A. O. Smith
RESERVES THE RIGHT TO MAKE CHANGES TO THE WEBSITE WITHOUT NOTICE.
IMPORTANT! BY ACCESSING AND USING THE WEBSITE, FOR ANY REASON, YOU AGREE TO BE BOUND BY THESE TERMS OF
All works, content and materials on this Website, including without limitation, all information,
text, design, graphics, images, drawings, photographs, code and software (the "Materials") and
all organization and presentation of the Materials which form a part of this Website are the
exclusive property of A. O. Smith or its licensors and are protected by intellectual property
laws relating to copyrights, trade-marks, trade names, Internet domain names, trade dress and
other proprietary rights. Nothing on this Website shall be construed as providing, by implication,
estoppel or otherwise any license to any proprietary or intellectual property rights in or to any
Trade-marks and Copyright
The trade-marks, service marks, logos, slogans and Internet domain names on the Website are the
exclusive property of A. O. Smith or its licensors. Use of any such property, except as expressly
authorized, shall constitute a violation of the rights of the owner of the property. Copyright
Copyright © 2009 A. O. Smith. All rights reserved.
Copyright © 2009 Avenir Software Inc. Suite 120, 3553 - 31 Street NW, Calgary, Alberta, Canada
T2L 2K7, www.avenir-software.com. All rights reserved.
A. O. Smith agrees to provide access to the Website to you solely in accordance with the Terms of
Use. In consideration therefor, you shall:
not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from the
Website in any way whatsoever except that you have the right to download one copy of the Materials
on any single computer, for your personal, non-commercial use only, provided that you keep intact
all copyright, trade-mark and proprietary notices;
use the Materials solely for lawful purposes;
not create derivative works from, exploit or modify the Materials in any way;
only use this Website if you are legally able to make binding contracts under applicable law; and
acknowledge that the unauthorized use of the Materials may cause irreparable harm to A. O. Smith
or its licensors and that in the event of an unauthorized use, A. O. Smith or its licensors shall be
entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent
such irreparable harm and that the balance of convenience in preventing such use rests with A. O. Smith
or its licensors.
A. O. Smith may provide links to Internet websites of third parties. Because A. O. Smith has no control over
such sites and resources therein, you acknowledge and agree that A. O. Smith or its licensors are not
responsible for the availability of such external sites or resources, does not endorse and is not responsible
or liable for any content, advertising, products, or other materials or information on or available from
any such sites or resources. You further acknowledge and agree that A. O. Smith or its licensors shall not
be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services available on or through any
such site or resource.
For an explanation of A. O. Smith practices and policies related to the collection, use and disclosure of
A. O. Smith assumes no responsibility and shall not be liable to you or to any other party for any damages to
or any viruses that may infect your computer equipment or other property on account of your access to, use
of or browsing in the Website or your downloading of any the Materials from the Website.
A. O. Smith does not guarantee the currency, accuracy or reliability of any of the information contained in
this Website. You acknowledge and agree that any reliance upon any of the information on this Website,
including without limitation the Materials, shall be at your own risk and expense. A. O. Smith or its licensors
do not guarantee that access to this Website will be uninterrupted, accurate, or error-free or that the
Website or its server will be free of viruses or other harmful components and A. O. Smith or its licensors
assume no responsibility and shall not be liable for any damages to your computer equipment or other property
on account of your access to, use of or browsing on the Website or your downloading of any of the Materials
from the Website.
THIS WEBSITE AND ALL CONTENTS AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE
INFORMATION CONTAINED THEREIN. IN NO EVENT WILL A. O. Smith, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS,
OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY,
AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF A. O. Smith, ITS LAWFUL AGENTS OR EMPLOYEES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT
INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
WEBSITE. A. O. Smith's AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THE WEBSITE SHALL NOT EXCEED $5.00 UNITED STATES OF AMERICA CURRENCY.
You agree at all times to indemnify, defend and hold harmless A. O. Smith and its affiliates, agents,
licensors, suppliers, and their respective directors and employees against all actions, claims proceedings,
costs, demands, damages and liabilities whatsoever sustained, incurred or paid by A. O. Smith directly or
indirectly in respect of:
any material, information or other content you provide on or through the Website; or
your, or any party that you are responsible for or who accesses or uses the Website
as a result of you, use or misuse of the Materials or the Website, including without
limitation infringement claims.
and you with respect to the Website and supersede any and all written and oral
agreements previously existing between A. O. Smith and you with respect to such
The Website is controlled by A. O. Smith from within the State of Tennessee,
USA. The Website can be accessed from all states of the USA, as well as from other
countries around the world. As each of these jurisdictions has laws that may differ
from those of the State of Tennessee, by accessing the Website, you acknowledge and
agree that all matters relating to access to, or use of the Website shall be governed
by the laws of the State of Tennessee and the federal laws of the United States of
America applicable therein. You also agree and hereby submit to the exclusive
jurisdiction and venue of the courts of the State of Tennessee and acknowledge that
you do so voluntarily and are responsible for complying with local laws excluding
conflicts of laws principles therein.
A. O. Smith's failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
court of competent jurisdiction, this shall not affect the validity of any remaining
portion and such remaining portion shall remain in full force and effect as if the
you, and A. O. Smith and your permitted successors and assigns.
thereto be drawn up in English. Les parties ont demandé que cette convention ainsi
que tous les documents qui s'y rattachent soient rédigés en anglais.
All rights not expressly granted herein are reserved.